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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director Subject: Resolution authorizing the
execution of an agreement and
Dept: Public Services purchase order in the amount of
$57,242.18 between the City of San
Date: February 9, 2007 Bernardino and Iteris pursuant to
Section 3.04.010 B-3 of the Municipal
Code for the purchase of upgraded
video detection systems utilized by the
Public Services Department, Street
Division.
Meeting Date: February 20, 2007
Synopsis of Previous Council Action:
Recommended Motion:
1) Adopt Resolution
ignature
Contact person: Ken Fischer, Director Phone: 5140
Supporting data attached: Staff Report Ward: All
Resolution, Agreement, Bids
FUNDING REQUIREMENTS: Amount: $ 57,242.18
Source: FY 06-07
Account Number 250-370-
5504-7338
Upgrade Traffic Signals
,� Finance:
Council Notes: 4 -0 Z067-.3(0
A 11 44
Agenda Ite o. —
i
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
A resolution authorizing the execution of an agreement and purchase order in the
amount of $57,242.18 between the City of San Bernardino and Iteris pursuant to
Section 3.04.010 B-3 of the Municipal Code for the purchase of upgraded video
detection systems utilized by the Public Services Department, Street Division.
BACKGROUND:
The Public Services Department is requesting Council to approve an upgrade to the
video detection system at four (4) intersections. The current video detection systems at
the intersections of Orange Show Road and E Street, Mall South Way and E Street,
Mall North Way and E Street, Mill Street and E Street are in need of replacement. The
detection systems at each intersection have failed and the equipment is no longer
repairable.
It is necessary to coordinate the traffic flow in the areas around the Inland Center Mall.
Therefore, staff recommends the replacement of the video cameras, camera mounts,
and detection modules at each intersection. In addition, staff has reviewed the
improvements to the intersections with the Development Services Department, Traffic
Division and a full approval to make the upgrades was received. Public Services staff
will remove the defective equipment and install the new equipment to keep the cost to a
minimum.
Since there are no local vendors and only two companies offer this type of specialized
equipment, the Department has received quotes for the Video Detection Systems
upgrades from only two vendors. The vendor, their business location and prices quote
is listed below.
Vendor Location Quote
Iteris Anaheim $57,242.18
JTB Orange $90,294.50
The signal intersections are a vital link to support the traffic flows throughout the City.
Keeping the intersections operating for the motorized public is a high priority for the
Public Services Department, Street Division. Staff recommends that Iteris be issued a
purchase order in the amount of $57,242.18 to replace the needed equipment pursuant
to Section 3.04.010 B-3 of the Municipal Code (purchases approved by the Mayor and
Common Council).
FINANCIAL IMPACT:
Funds for this purchase are available and have been budgeted in the FY 06-07,
Account Number 250-370-5504-7338, Traffic Signal Maintenance Program Fund.
RECOMMENDATION:
Adopt resolution.
4
COPY
1 RESOLUTION NO._
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
PURCHASE ORDER IN THE AMOUNT OF $57,242.18 BETWEEN THE CITY OF
4 SAN BERNARDINO AND ITERIS FOR THE PURCHASE PURSUANT TO 3.04.010
B.3. OF UPGRADED VIDEO DETECTION SYSTEMS UTILIZED BY THE PUBLIC
5 SERVICES DEPARTMENT, STREET DIVISION.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized to
9 execute on behalf of said City an Agreement between the City of San Bernardino and
10 Iteris, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein
11
by reference as fully as though set forth at length.
12
13 SECTION 2. This purchase is exempt from the formal contract procedures of
14 Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
15 Code.
16 SECTION 3. That Iteris submitted the lowest quote for the purchase of new
17 video detection systems in the amount of $57,242.18. Pursuant to this determination
18 the Purchasing Manager is hereby authorized to issue a purchase order to Iteris in the
19
amount of $57,242.18.
20
SECTION 4. The Purchase order shall reference this Resolution No.
21
22 2007 and shall read, "Iteris for the purchase of upgraded video detection
23 systems at four (4) intersections throughout the City of San Bernardino."
24 111
25 111
26 111
27
111
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 PURCHASE ORDER IN THE AMOUNT OF $57,242.18 BETWEEN THE CITY OF
3 SAN BERNARDINO AND ITERIS FOR THE PURCHASE OF UPGRADED VIDEO
DETECTION SYSTEMS UTILIZED BY THE PUBLIC SERVICES DEPARTMENT,
4 STREET DIVISION.
5 SECTION 5. The Agreement shall reference this Resolution No.
6 2007 and shall read, "Iteris for the replacement and upgrades of video
7 detection systems at four (4) intersections throughout the City of San Bernardino.
8
Agreement not to exceed $57,242.18" and shall incorporate the terms and conditions
9
10 of the agreement.
11 SECTION 6. The authorization to execute the above referenced Purchase
12 Order and Agreement is rescinded if it is not issued within sixty (60) days of the
13 passage of this resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 PURCHASE ORDER IN THE AMOUNT OF $57,242.18 BETWEEN THE CITY OF
3 SAN BERNARDINO AND ITERIS FOR THE PURCHASE OF UPGRADED VIDEO
DETECTION SYSTEMS UTILIZED BY THE PUBLIC SERVICES DEPARTMENT,
4 STREET DIVISION.
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
7 Mayor and Common Council of the City of San Bernardino at a
8 meeting thereof, held on the day of _ 2007, by the
9 following vote, to wit:
10 Council Members: AYES NAYS ABSTAIN ABSENT
11 ESTRADA
12
BAXTER
13
14 BRINKER
15 DERRY
16 KELLEY
17 JOHNSON
18 MCCAMMACK
19
20
21 Rachel G. Clark, City Clerk
22 The foregoing resolution is hereby approved this day of
, 2007.
23
24 Patrick J. Morris, Mayor
25 City of San Bernardino
Approved as to Form:
26 By: 6"'&',
27 ES F. PENMAN
ty Attorney
28
Exhibit "A"
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 20th day of February
2007, by and between Iteris ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the purchase of an upgraded video detection
system; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for the upgraded video detection systems.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
i
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth in this purchase agreement.
i
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $57,242.18 for upgraded video detection
systems.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year.
This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the forgoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not discriminate on the basis of race, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
HI
i
i
9. NOTICES.
i
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
i
TO THE CITY: Public Services Director
300 worth "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR: Iteris
1515 S. Manchester Ave
Anaheim, CA 92802
Telephone: (714) 780-7293
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: 12007 VENDOR.
By:
Its:
Dated 2007 CITY OF SAN BERNARDINO
By:
Patrick J. Morris, Mayor
Approved as to Form:
By:
James F. Penman, City Attorney
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 20th day of February
2007, by and between Iteris ("VENDOR") and the City of San Bernardino
I
("CITY" or"San Bernardino').
WITNESSETH:
I
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the purchase of an upgraded video detection
system; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for the upgraded video detection systems.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth in this purchase agreement.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $57,242.18 for upgraded video detection
systems.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year.
i
This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the forgoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
i
I
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the p olicy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not discriminate on the basis of race, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
® employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
®
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY: Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR: Iteris
1515 S. Manchester Ave
Anaheim, CA 92802
Telephone: (714) 780-7293
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
® its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
® The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
I
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
® and date set forth below.
Dated: , 2007 VENDOR.
By:
Its:
Dated 12007 CITY OF SAN BERNARDINO
By:
Patrick J. Morris, Mayor
Approved as to Form:
B?sF.Ja Pen man, City Attorney
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Quotation
To. City of San Bernardino AM. Scott ZO-hm
Quote #: 060818-9
From. Matt Pieper
Pr.gje f-. PER VmTra.k RFQ
JTB supply is pleased to quote on the following equipment:
Z5-UniTrak Video Detection Cards
$1,560 $39.000
25 -Motorized Zoom Cameras in Housing $1,240 $31,000
25- 10"Vertical Mount Brackets
$95 $2,375
15 -4 Channel Output Extension Cards
$265 $6,625
6-Turn-On support per Intersection
$800 $4,800
3�qoo'
no
i�
Delivery: 30-45 days ARC)
Terms: Net 30 days,pending credit verification,Visa or M1C accepted
Freight= Included
Sales Tax is not included_
Sincerely,
JTB Supply Co.,Inc.
ARa Reper
Regional Sales Monger
1030 N. Batavia, Suite�s Qrange, CA. 928671z714-639-949$s 71.4-639-948*8 fax
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